1. Sue Ann Strickland and Dorothy Schmidt, NC 2, commented that their council has been receiving numerous phone calls expressing concern over the adverse possibilities to landlords regarding the Social Host Ordinance. The council urged the community to understand the plight of the landlord in Great Falls.

Interim Planning Director Bill Walters reported that Williamson Fencing and Sprinklers has prepared plans to move their business to a site along 8th Street South immediately west of the City’s Fire Training Center. Applications associated with development of the site include vacation of segments of 19th and 20th Avenues South, and 20th and 21st Alleys South covered by Resolution 9859. The application also included annexation to the City and replatting the involved property into a single 2.8 acre lot. Ordinance 3040 assigns a City zoning classification of M-1 Mixed use district to the property requested to be annexed and grants a conditional use permit for a contractor yard, type II. The Planning Board and Zoning Commission, during a combined public hearing held June 9, 2009, passed motions recommending the City Commission approve: 1) the vacation of the involved right-of-way; 2) the involved amended plat and accompanying Findings of Fact; 3) the annexation documents associated with subject property; and, 4) assignment of a City zoning classification of M-1 Mixed-use district to the property, together with a conditional use permit for a contractor yard, type II.

Mayor Stebbins declared the public hearing open. Those addressing the City Commission were as follows:

Roy Volk, 301 Big Bend Lane, owner of 50 acres adjacent to the property Williamson Fencing purchased, spoke in opposition to Resolutions 9858 and 9859 and Ordinance 3040. Mr. Volk expressed concerns about storm drainage plans that will affect his property. He explained that he did not receive the letter that was sent in May or he would have contacted the City and Williamson Fencing earlier to resolve this issue. He expressed concern about some of the chemicals and fire retardants involved in the Fire Training Center that could enter the drainage systems, and suggested a hold harmless agreement with the City. Mr. Volk also addressed the access and water and sewer issues affecting his property. He asked that his concerns be addressed prior to Commission approval of this project.

Spencer Woith, Woith Engineering, Inc., spoke in favor of Resolutions 9858 and 9859 and Ordinance 3040. Mr. Woith reported that the storm drain will be installed on a 30-foot strip of land that was deeded to the City in 1975. The storm drain plans include retaining more water and releasing it at a slower rate than the City requires. Mr. Woith explained that the three Master Plans that Mr. Volk referred to were reviewed and none of them used 20th Avenue South. In addition, he said they considered that there were multiple accesses to the 50 acres owned by Mr. Volk. He said Williamson Fencing purchased the south parcel adjacent to 21st Ave. from the City at an auction. Since the parcel was larger than was needed, the south half was not used because it was steeper and not adjacent to a paved road.

Mayor Stebbins closed the public hearing.

Commissioner Rosenbaum asked Mr. Walters for further input. Mr. Walters responded that he just became aware of Mr. Volk’s concerns this date, but met with him early in the day and with Public Works in the afternoon.

Public Works Director, Jim Rearden, reported that there will not be additional flow rate with this development. He looked at extending 21st Ave. South into Mr. Volk’s 50-acre property today and believes it would fit well as an access point.

Mr. Walters explained that Staff met with Williamson Fencing in March and April. Staff supported vacating 20th Ave. South, rather than 21st Ave. South, because of the earlier plans using 21st Ave. South, and because 20th Ave. South is a dead end at 8th Street.

Mr. Walters also explained that requiring Williamson Fencing to participate in the improvement of 21st Ave. South at this point would be an off-site improvement obligation since annexation is not currently being considered.
Commissioner Jolley asked for comment since Mr. Volk said he had not received a mailing, and a letter is included to the Commissioners that states they were not notified.

Mr. Walters explained that party lives out of state and received their notice late. As of yesterday, that was the only concern expressed regarding this project, and their questions have been addressed.

Mr. Walters noted that a copy of the original notice that was sent the end of May was provided to Mr. Volk. Mr. Volk’s name is included on an affidavit listing all property owners who were sent a copy of that notice.

Commissioner Beecher asked if this project assures access for Mr. Volk to his property, and if there is any additional flow from this project. Mr. Walters answered that there were several access points on the east boundary. Mr. Rearden explained that there would not be an additional flow rate.

Commissioner Bronson asked Mr. Volk if his concerns can be resolved regardless of what action the Commission takes at this meeting. Mr. Volk responded that he has drainage and access questions and asked the Commission to table this project for a couple weeks. He reported that his property only has a legal description and a notice in the newspaper isn’t easy to recognize.

Commissioner Rosenbaum, Mayor Stebbins and Commissioner Bronson expressed concerns that the project is not ready for a vote by the Commission. The property owners and City Staff need time to iron out differences so City Staff can make a solid recommendation to the City Commission.

Commissioner Bronson asked Mr. Woith the impact of delaying a decision for two weeks. Mr. Woith responded that it would be a major inconvenience. However, he added that if 20th Ave. South is not vacated, the project is pretty much dead. Additionally, he reported that he made several attempts to contact Mr. Volk to let him know they were starting the project in June, and he never received a return phone call. He believes the storm drainage issue can be resolved.

Commissioner Jolley commented that she is prepared to vote to approve this project.

Commissioner Bronson consulted with Mr. Walters

Commissioner Bronson moved, seconded by Commissioner Beecher, that the City Commission table action on Resolutions 9858, 9859 and Ordinance 3040 until the next meeting.

Mayor Stebbins asked if there was any discussion amongst the Commissioners.

Commissioner Jolley asked if Commissioner Bronson would tell what he asked and was responded to by Planning. Commissioner Bronson responded that he asked Mr. Walters if, consistent with what was done in the past, the usual approach is just simply table action on it until a subsequent meeting.

Motion carried 4-1 (Commissioner Jolley dissenting).

Acting City Attorney Chad Parker reported that the primary source of increasing violations of the law aimed at preventing consumption of alcohol by minors are house parties and their hosts. The City’s efforts to curtail the rising numbers of MIPs and the ever increasing severity of other crimes associated with house parties have been frustrated by current State laws and the failure to attach liability to those who knowingly create this problem. The Social Host Ordinance is not focused on landlords, but rather the tenant, the parent who hosts youth drinking parties, or the young adult who controls the premise and who knowingly provides alcohol or the location where alcohol is to be consumed by minors. To correct this injustice and to protect the youth of our city, Staff recommends the Great Falls City Commission pass, approve and adopt Ordinance 3044, otherwise known as the Social Host Ordinance, on second reading.

Mayor Stebbins declared the public hearing open.

Speaking in opposition to Ordinance 3044 were:

Chris Christiaens, Great Falls Landlords Association, provided a written summary of his comments. [ Mr. Christiaens' summary ]

Cody Tyler, 3701 1st Avenue South, added that he believes if parents aren’t allowed to host house parties, kids will be driving drunk on the streets.

Scott Radford, associate member of the IPM and the Montana Landlords Association, residing at 4801 Diana Drive, stated he believes this ordinance is a duplication of Montana Code Annotated 45-5-622 and 45-5-623.

Robert Shanks, representing IPMs (Income Property Owners and Managers Association), 3621 8th Avenue South, provided a written summary of his comments. [ Mr. Shanks' summary ]

Art Dickhoff, 3027 3rd Avenue North, added that a landlord does not own a property during the time of a lease.

Robert Mehlhoff, NC2, 407 9th Street N.W., believes this ordinance holds landlords responsible for the actions of others and hopes a way can be found to increase the number of policemen and firemen to handle these kinds of problems.

Gary Sorum, President, IPM, supported the previous comments and requested Ordinance 3044 be delayed, rewritten or cancelled.

Rick Linafelter, 401 17th Street, Black Eagle, asked Mayor Stebbins to call for a show of hands in opposition to Ordinance 3044. Mayor Stebbins responded that they would wait until after the public hearing for a show of hands.

Richard Wallace, 1636 26th Avenue S.W., supported the previous comments and expressed concern about increasing incarcerations.

Speaking in support of Ordinance 3044 were:

Al Recke, Coordinator Cascade County DUI Task Force, 609 33rd Avenue N.E., commented that there has to be a direct correlation between the action and the person; unless that is provided, a parent or a landlord will not be prosecuted. Mr. Recke reported that he sees hundreds of kids each year who have received MIPs, and their parents are angry because they were served alcohol at a house party. He said this ordinance is needed to send a message to the adults in the City of Great Falls.

Brian Lockerby, Lieutenant with the Great Falls Police Department and member of the Great Falls Police Protective Association, 112 1st Street South, supported Mr. Recke’s comments. He reported that the Police Department cited 498 MIPs, first offense, from January to August, 2009. The average was about 41 MIPs per month. From January to August, he noted the Police Department did 1700 bar ‘walk-throughs’ (plain-clothes officers) checking for people under age. They cited 5 MIPs. The remaining 493 MIPs are getting their alcohol elsewhere.

Sue Dickenson, parent/citizen, member of the DUI Task Force and legislator, residing at 620 Riverview Drive East, noted that this ordinance would offer parents incentive to quit providing alcohol or looking the other way when they know their kids are using alcohol or having parties in their home.

Art Dolman, 3016 Central Avenue, commented that the community and the citizens also have rights.

Barbara Bessette, Prevention Coordinator for Gateway Community Services, 917 2nd Avenue North, Apt. #2, reported on results for 2008 Cascade County Montana Prevention Needs Assessment done in 8th, 10th and 12th grades that asked where they got their alcohol in the past year, if they had used alcohol. The results showed that 48% of sophomores and 66% of seniors got their alcohol from “someone over the age of 21.”

Jim Whitaker, 4020 5th Avenue South, commented that as a former landlord, this ordinance is not about landlords; this ordinance is needed to give the police these tools.

Mayor Stebbins closed the public hearing.

Commissioner Bronson asked Mr. Christiaens what amendments he is proposing to Ordinance 3044.

Mr. Christiaens responded that he believes the language can be clarified and will meet with Mr. Parker next week. He agrees that underage drinking is a problem. The Landlord Association is not opposed to an ordinance, but needs to be assured that when they own property and they lease it to an individual, they do not have to defend themselves against a violation of underage drinking. He added that there should be exemptions to those individuals who are giving alcohol for medicinal purposes. He urged the Commission to defer the ordinance for at least two weeks to make the necessary changes.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission table Ordinance 3044 for two weeks.

Commissioner Beecher explained that he believes Ordinance 3044 will be passed; he will vote for it. However, he is concerned about the jail term for first offense, and believes the suggested language from other ordinances should be considered. He noted that the term ‘Social Host’, as defined, is clarified in this ordinance.

Commissioner Bronson agreed with Commissioner Beecher’s comments and is also willing to extend the final decision for another two weeks to honor Mr. Christiaens’ request. Commissioner Beecher commented that he believes we have a problem in this community and thinks this ordinance is one of the vehicles that can help resolve this problem.

Commissioner Jolley commented that she may support an ordinance if it looked more like the one Billings has in place because Ordinance 3044 is a criminal misdemeanor. She also noted the Montana Code 7-32-4302 language, ‘in pertinent part’, referred to in the ordinance and asked Mr. Parker if he took the criminal offense out of the Billings ordinance.

Mr. Parker responded that he drafted the basic language of the ordinance and sent it to State representatives and law enforcement officials. It was then taken, with his knowledge, and turned into an ordinance in Billings with almost the entire language complete. However, their penalty section is different. He said he understands it is a criminal ordinance in Billings. However, in Helena it is an administrative or civil penalty and they are attempting to change it to a criminal penalty.

Commissioner Jolley requested Mr. Parker check the number of the limitation in the law he cited, 53-24-106, in the next couple weeks.

Commissioner Rosenbaum added that the community must pursue opportunities for entertainment for its young people. However, he also supports holding people responsible for their activities.

Mayor Stebbins commented that she will wholeheartedly support this ordinance if some of the concerns that have been expressed are addressed.

Motion carried 4-1 (Commissioner Jolley dissenting).

A petition against the adoption of Ordinance 3044, signed by 41 people, was also provided to the Acting City Clerk after the meeting.

Before proceeding to the Agenda Item #4, Mayor Stebbins called a brief recess.

Alison Fried, Chair of the Business Improvement District, reported that the Budget and Work Plan for 2009/2010 is presented yearly, and this is the first year of a 10-year renewal. She noted that the seven member board plans to be more active and involved and have divided up responsibilities. The B.I.D plans to concentrate on four to five main areas in 2009/2010 and for the next three to five years.

Mayor Stebbins declared the public hearing open.

No one spoke in support of or opposition to the Business Improvement District 2009/2010 budget and work plan.

Mayor Stebbins closed the public hearing.

Commissioner Bronson moved, seconded by Commissioner Beecher, that the City Commission approve the 2009/2010 Business Improvement District Budget and Work Plan.

Mayor Stebbins asked if there was any discussion amongst the Commissioners. No one responded.

Motion carried 5-0.

Fire Chief Randy McCamley reported that, at a Special Meeting held January 28, 2009, the Great Falls City Commission voted unanimously to authorize the City Manager to proceed with the hiring of 16 additional frontline firefighters, using a $1.7 million dollar Staffing for Adequate Fire and Emergency Rescue grant provided by the Department of Homeland Security.

The Commission determined that, in order to pay for the match portion of the grant, a voter approved public safety levy would need to be passed. On August 4, 2009, the Great Falls Fire Department safety levy was defeated by a large margin. Since the City is not going to utilize the SAFER grant, the Department of Homeland Security has requested that the City formally decline the grant to allow it to reallocate the money to another community.

Commissioner Jolley moved, seconded by Commissioner Beecher, that the City Commission authorize the City Manager to direct the Fire Chief to decline the SAFER grant.

Mayor Stebbins asked if there was any discussion amongst the Commissioners or inquiries from the public.

David Van Son, 2404 1st Ave. North, President of the Great Falls Fire Fighters International Association, Local No. 8, emphasized the importance of providing essential City services to the citizens of Great Falls. He commented that, for the past 14 years that he has been with the Great Falls Fire Department, requests for additional staffing have been declined. He expressed concern that the May 5th resolution to proceed with the mill levy request only allowed the Fire Department three months to educate voters. He was only able to speak to three neighborhood councils because the others were on break. Mr. Van Son also noted that to accept the SAFER grant for the first year, the City must fund $412,736. The second year the City’s match is $457,606. He questioned if the ten programs that are being subsidized by the General Fund for $2,463,842 provide essential City services. He requested the Commission consider other options prior to declining the $1.73 million grant of federal monies to put 16 additional firefighters on the street: such as recognizing the General Fund subsidizes for the next several years; the possibility of asking the voters again in two years, if needed; and, allowing the Fire Department to educate all 23,000 voters in the City.

Commissioner Bronson commented that Mr. Van Son is correct that when Commissioner Bronson made the motion earlier in the year to accept the grant, he did not make it with any particular stipulation that a mill levy be passed. He noted that is still his position today, and though it may pose difficulties, he is still in favor of accepting that grant.

Motion carried 3-2 (Mayor Stebbins and Commissioner Bronson dissenting).

Fiscal Services Director Coleen Balzarini reported that the Downtown Urban Renewal Tax Increment District will sunset this month upon final payment of bond debt service payments. As a residual of that, cash is available that has been held in reserve for guaranteeing the ability to make those debt service payments, as well as delinquent property taxes that are designated for the Tax Increment District. She noted that this provides an opportunity to make an investment in the Downtown Urban Renewal Tax Increment District using tax increment proceeds. Staff received recommendations from the Park and Recreation Department, the Business Improvement District and the Great Falls Development Authority. Staff provided a prioritized list of recommendations for seven projects.

1. $300,000 to the Great Falls Development Authority to create a revolving loan fund. At one point, the City of Great Falls had over $3,000,000 in loans to various properties in the District. With the exception of two of those loans, all had been repaid and the money re-loaned or spent on capital improvements within the District. Staff recommends that $300,000 be transferred to the Great Falls Development Authority to re-establish a Downtown Revolving Loan Fund.
2. $50,000 to the Business Improvement District to undertake a downtown street tree trimming, and removal/replacement effort.
3. $52,000 for the Broadway Bay landscaping project. Originally there was $100,000 in the Broadwater Business Park area that was pledged towards landscaping, and $52,000 remains.
4. $120,000 for a multi-year contract for tree trimming in the TIF district, those areas that are not in the B.I.D., nor in the boulevard district.
5. $38,500 to remove and repair “bad spots” in the Gibson Park Walking Path. Staff also recommends applying for CTEP funding to do additional repairs in that area.
6. $50,000 to finance a new Downtown Master Plan.
7. $167,000 for FY 2011 Water Attraction Debt Service payment. As has been done in the past, Tax Increment dollars relieve the General Fund directly or the need to take a higher rate increase in the swim pool fund.

Commissioner Beecher moved, seconded by Commissioner Bronson, that the City Commission delay action on authorizing this prioritized list of projects.

Commissioner Beecher explained that he needed additional time to consider the list of projects and ask questions.

Commissioner Jolley asked Ms. Balzarini if it was possible to separate the actions of returning the $300,000 to the Economic Revolving Loan Fund, and then transferring those funds out. Ms. Balzarini answered that could be done.

Commissioner Jolley commented that she really likes the idea of the downtown park and may be in favor of substituting that project for the Water Attraction Debt Service payment.

Motion carried 5-0.

Assistant City Manager, Cheryl Patton, responded to comments Mr. Gessaman made regarding the 2010 proposed budget at the August 4th City Commission meeting by advising on considerations given by Staff to recommending use of reserves in various funds.

Mayor Stebbins opened the meeting to Petitions and Communications.

In response to a comment by Mike Witsoe, Mayor Stebbins made note that her husband did not play at Alive @ Five this year.

Mayor Stebbins thanked Commissioner Bronson for presiding at the previous meeting. She also expressed appreciation to Commissioner Bronson for establishing a precedent for taking a break during long meetings.

There being no further business to come before the Commission, Commissioner Bronson moved, seconded by Commissioner Beecher, that the regular meeting of August 18, 2009, be adjourned at 9:55 p.m.

Motion carried 5-0.

Minutes Approved: September 1, 2009